2009-2010 Negotiations Slowed Despite Better Relations with Board

Espanola-NEA President Brian Every wrote this bargaining update for the membership:

Hi Everybody –
We had our 3rd bargaining session on the 09-10 school year issues on Thursday night (May 14, 2009). This meeting had been planned for seven weeks . We found the evening to be less than satisfactory.

We were prepared, had our financial proposals and proposed several minor changes in the contract. We were ready to start negotiating, as agreed to do with the team appointed to represent the Board.

Sadly the other side was completely unprepared. They had no proposals of their own, nor did they counter any of our offers. What a complete waste of our time, and of district funds for the expenses involved!

This recent experience helps explain to those of you not at the table why it took 17 months to get to an agreement, and another two months to get the agreement approved and signed by the board. On top of all that, their negotiator refused to schedule another bargaining session for at least another two weeks .

Your negotiation team has consistently brought to the table proposals and ideas that sought to accomplish 3 things:
* Are true to the concept of what was best for the students was also best for us and for the district.
* Are fair, reasonable, and honest.
* Are respected the districts needs.

We also attempt to work at all times to find the best solution for all issues – solutions that respected us as employees and satisfied the districts needs. This has not always been easy, especially because one member of the team has on occasion been quite difficult. I am proud of our team, especially Chief Negotiator Laurel Fain for keeping our cool in the face of provocations.
I believe the school board has come to appreciate the work and efforts we are making. Our efforts are professional. The Board has been responsive! Opening up the superintendents selection, holding a ceremony to recognize our CBA, and signing the CBA all point to a change in focus and in attitude from the board. We welcome this change and are encouraged by it.
Thank you all for your support – and for those of you who are now contributing to our blog – We are a growing community of interested, involved and dedicated public school employees and we are proud to be working in Española.

Collective Bargaining Agreement is RATIFIED!

CONGRATULATIONS!
IT’S YOUR FIRST EVER COLLECTIVE BARGAINING AGREEMENT!

FINANCIAL HIGHLIGHTS …
* The District now pays 2% more of your insurance premium.
* When Education Assistants cover classes without a teacher present, they’re now paid an additional $5 hourly, in chunks as small as 30 minutes.
* When an employee is paid overtime or for extra duties, the timelines by which they are paid is sped up.
* All summer time and weekend work is now voluntary; none can be mandated.
* Stipends and increments are all negotiated. No more special deals. The list is updated and inclusive.
* Certified employees asked to work beyond the number of days in personal contracts will be compensated at their daily rate.
* For E.S.P., there are stronger protections for appropriate overtime.

PROFESSIONAL ADVANCES …
* Discipline of students must be fair and supportive of employees and classroom management.
* A new limit is placed on interference with preparation time: other duties can only be assigned during your prep period on not more than 3 of every 20 days.
* A new limit on the number and length of faculty meetings: not more than one (1) hour in length, and not to exceed three hours in every 20 days (and they can’t be called with less than 48 hour advance notice).
* A new limit is created on requirements for the participation of Certified employees in "other professional duties" of not more than thirteen (13) hours per year. When required, employees will receive ten (10) days notice beforehand.
* Grade changes can no longer happen mysteriously or without thorough documentation, and teachers play a critical role.
* Employees will be provided copies of all forms and information concerning PDP’s observation and evaluation procedures at the beginning of each year.
* Site-based committees can’t be staffed by "favorites" only: the administrator must use an open-process. Site-based decisions must comply with the C.B.A.
* The District must consult with employees prior to requesting Class Size waivers from the PED.
Employees who drive (on more than one day) to more than one site, ten or more miles apart, are now reimbursed at the state rate.
* Stipend "post-season" bonuses now apply to sponsors and advisors of academic and cultural activities as well as for athletic coaches.

EMPLOYEE RIGHTS ARE CLEARER AND EXPANDED …
* Now, Discipline of employees must be fair: high standards apply. Disciplinary actions will be based on just cause, and this includes new employees too.
* If a meeting involves any issues which may lead to discipline, the employee can stop it until a union representative can be present.
* Personnel files cannot include any documents which you haven’t been shown first and signed for. You can respond to any document in your file.
* Final Grievance decisions are now made by an Arbitrator selected by the union and management together. The process is no longer political: the Board has no role at all and the administration can be overruled.
* No more time-clocks for certified staff working in one building.
* At the conclusion of faculty/staff meetings, a designated Association Representative may make Association announcements
* When you’re too sick for work…
* Teachers and others can not be made to find their own substitutes (as has sometimes been the practice here).
* The Leave policies now treat you with respect. No more presumption that you’re abusing the policy.
* VOLUNTARY TRANSFERS: Current employees applying for another job will all be interviewed, and will always be considered before outside applicants. Interviewed employees will be given written notice of decisions – no more waiting in limbo.
* The District must prove a REDUCTION IN FORCE is needed before laying off employees for budget reasons and if it is, then the new fair and objective process protects the employment rights of all bargaining unit members. A RIF cannot ever be used to retaliate against an employee.
* INVOLUNTARY TRANSFERS: no employee will suffer a loss in compensation during the current or future years because of a transfer.

EXCLUSIVE ESPAÑOLA-NEA RIGHTS …
* No significant changes can be made by the administration to any working condition without negotiating first with your union.
* At the conclusion of a faculty/staff meeting a designated Association Representative may make short Española-NEA announcements
* Your representation rights are stronger than ever in all employee rights situations.
* An Agreement oversight committee composed of union and management representatives can meet at any time to discuss district-wide concerns, but all major changes need to be negotiated and Española-NEA members vote to approve or reject any changes. Non-members have no say.

Please Note: Your unpaid negotiation team spent hundreds of hours over 18 months, and now you and all other employees in our bargaining unit will benefit. The Collective Bargaining Agreement works for you. Everyone benefits from the success made possible by our dues paying members. We NEED the membership of every Espanola school employee so we can enforce this agreement and together achieve lasting power to negotiate more successes for next year. If you’re not already a member, join today!